Committee of Adjustment

6:26Good afternoon, Guelph.

6:27I'd like to call to order the September 26th hearing

6:30of the Guelph Committee of Adjustment.

6:33This hearing was originally scheduled

6:34for September 12th, 2024,

6:38and has been rescheduled to today.

6:41This hearing is being held in a hybrid format

6:43with attendees appearing in person or remotely,

6:47and is being live streamed and recorded.

6:50Please be advised that public hearings

6:51form part of the public record,

6:53and the words, names, and images

6:55of those participating shall be recorded and posted online.

6:59Before I outline the hearing format,

7:02if you wish to speak to an application

7:04that's listed on the agenda,

7:06and have not yet submitted a request

7:08in advance of the hearing,

7:09please call the number displayed on the screen now,

7:13which is 519-822-1260.

7:18That's 519-822-1260,

7:22and the extension is 2524,

7:25and you shall receive instructions on how to participate.

7:29A final call for delegations will be made

7:31when each application is called.

7:34The agenda for this hearing has been posted online

7:36at guelph.ca forward slash cofa.

7:42I will remind all committee members and staff present

7:46that to please mute your microphones

7:50when they are not in use.

7:51Applicants will be unmuted when their application is called.

7:55I'd like to share the hearing format

7:57we'll be using to navigate through each application.

8:01Each applicant will be called by the secretary treasurer,

8:04and the call in number for those wishing to speak

8:06to an application shall be displayed on the screen.

8:10Afterward, the applicant will be given the opportunity

8:13to add anything further to their application

8:16to a maximum of 10 minutes.

8:19You will hear a chime when there are 30 seconds left,

8:21and another when the 10 minutes has elapsed.

8:25If you are the applicant and have nothing further to add,

8:28you can simply say so.

8:30The committee will then be able to ask questions

8:33to the applicant or staff.

8:36After that, we will hear from a member of the public

8:38who may wish to comment on the application.

8:41Please note that all comments should be addressed

8:44through myself, the chair.

8:46Please avoid repeating concerns already stated by others,

8:52and focus on adding new information.

8:55Comments, again, are limited to 10 minutes or less,

8:59and you shall hear a chime when there are 30 seconds left,

9:02and another when the 10 minutes have expired.

9:05For delegates that have advised staff in advance

9:09to the hearing that they wish to display a presentation,

9:12your presentation will be displayed on the screen,

9:15and a remote is available at the podium for delegates

9:17to advance the slides.

9:22Any member of the public who have submitted a request

9:25to speak prior to the hearing will be given the first,

9:28will be first invited to provide comments.

9:31For those watching the hearing online,

9:33if you wish to speak to an application

9:36and have not yet submitted a request in advance

9:39of this hearing, please call the number displayed

9:41on the screen now.

9:44For those attending the hearing in person,

9:46you will be given a chance to come forward to the podium

9:49and address our committee.

9:51Once all comments from the public have been heard,

9:54the applicant or staff will be given the opportunity

9:56to respond to such comments.

9:59Finally, as the chair, I shall turn to the committee

10:02for a motion and deliberation,

10:04as well as a vote on the application.

10:07When the committee is making a decision on an application,

10:10I will be asking the secretary treasurer

10:13conduct the vote by roll call.

10:16The secretary treasurer will call each of the members name

10:19and each member will be, each member shall respond

10:23if they are in favor or opposed to the motion.

10:26And I will announce the results of the vote.

10:31If you wish to receive a copy of the decision

10:34on an application, including information

10:37about the appeal procedure,

10:39you must submit a written request.

10:42A written request can be made by contacting staff

10:45using the information shown on the screen.

10:49To receive a copy of the decision,

10:51please email cofaatgualf.ca with your name

10:56and the file number you're interested in.

10:58Please note that owners and applicants automatically receive

11:02a copy of the decision.

11:05I will also remind those in attendance to ensure

11:08that we are respectful of all who are participating

11:12and not make any audible noise that could affect

11:15the committee's deliberations, including clapping or shouting

11:18or any other forms of disorderly conduct.

11:23At this point, I'd like to ask member Membrano

11:25to provide our indigenous territorial acknowledgement.

11:29Member Membrano.

11:33As we gather, let us take time to reflect

11:36on our privilege to live and work in wealth,

11:39a city built over rich indigenous stories.

11:43We are guests here and we should reflect upon

11:46the responsibility to care for this land,

11:49the people who live here today and the generations to come.

11:54If our actions today can move us towards reconciliation,

11:59we should take pause and make those decisions

12:01with intention and gratitude.

12:04This place we call wealth has served as traditional lands

12:09and a place of refuge for many peoples over time.

12:13But more specifically, they are in Wanderung

12:16and the Hadanoshini.

12:18This land is held as the treaty lands and territory

12:22with the message of the credit First Nations.

12:26Wealth lies directly adjacent to the Haldeman tract

12:30and is part of a long established traditional hunting ground

12:34for the Six Nations of the Grand River.

12:37Many First Nations, Inuit and Metis people

12:41who have come from across Turtle Island,

12:44call wealth home today.

12:48Thank you, Member Membrano.

12:51Committee members, if there are any disclosures

12:54of pecuniary interest, I would like to know so at this time.

12:58Please raise your hand.

12:59Member Sayer.

13:02Yes, I'm gonna have a conflict on item number 2.6,

13:07item number 2.6, A6624, 135 Ferguson Street,

13:14and item 2.8, which is B4524, A6924,

13:20and A7024 for 123 Elizabeth Street.

13:25I work for Metrolinx and they've made submissions

13:27in those matters.

13:31Thank you for that, Member Sayer's so noted.

13:39At this point, we have some housekeeping to do

13:42and we have two sets of minutes

13:45that I would like to have moved and seconded.

13:50Do I have a mover and a seconder?

13:52Member Goodfellow has moved, Member Spears has seconded.

13:56All in favor?

13:59I believe that is carried, Mr. Secretary Treasurer.

14:04I've confirmed with the Secretary Treasurer

14:06that we have not received any deferral

14:08or withdrawal requests at this point.

14:10So at this juncture, I'll turn it over

14:13to our Secretary Treasurer to announce the first application.

14:18Thank you, Chair.

14:19The first file on the agenda tonight is file B1524

14:24and A2024 that is consent to create one new residential lot

14:29and one retained residential lot and related variances

14:33to permit reduced lot frontage

14:35and permit interior side yard setback,

14:37garage width and area and driveway

14:41for width for proposed severed lot

14:43and that's at 10 Newstead Street.

14:45So if you wish to speak to this application,

14:47please call the number shown on the screen.

14:49That number is 519-822-1260 extension 2524.

14:55When your call is received, staff will provide you

14:57with instructions on how you can delegate remotely by phone.

15:00This is the final opportunity to call in

15:02regarding this application.

15:06Is the applicant or their agent present?

15:14Welcome, can you state your name

15:15for the record and your relationship to the application?

15:18I'm Jeff Buseman, Van Heerts-Herving.

15:20I'm the assigned agent for the property owner.

15:25Thank you, Mr. Buseman.

15:26And can you tell me if the sign was posted

15:29as per the planning act?

15:30Yes, it was.

15:31Thank you.

15:32You have 10 minutes to address the committee

15:35proceed as you will.

15:36Okay, so if we could throw the sketch on the screen,

15:40maybe zoom in a little bit,

15:42but this is on Newstead Street.

15:45It's a long, deep lot and the proposal is to split it into two.

15:50We're proposing as you face it from the screen right now

15:53that the left side will be 13.5 meters

15:56and the right side will be 15 meters wide.

16:00The intention is to put a single family dwelling

16:02on the slightly narrower parcel.

16:06And so the variance for that parcel is the width

16:09and that we're asking for 13.5 meters instead of 15 meters.

16:13As you can see, the parcels are so deep,

16:16they're very large in the area,

16:18954 square meters and over 1,000 square meters

16:21for the one on the right.

16:24The minimum lot size is 460, so we're almost doubling

16:28the minimum lot area, so there's plenty of room here.

16:32The other variances that are listed in this

16:35are just more administrative in nature

16:38in that they are permitted in the new zoning bylaw,

16:40but these specific things are still under appeal.

16:43And as we've seen with many applications,

16:46we've included them in the list of variances.

16:51The thought is to, we haven't made clear plans yet,

16:54what is gonna happen with the larger lot.

16:56We've put their own, shown a semi-detached proposal idea

17:02and staff have identified that if we do that,

17:04we do have to split that one in half as well,

17:07but we're unsure as to what we're going to do

17:09without parcel yet.

17:10We may have just leave it as a single family home

17:13and that's to be decided later.

17:17Otherwise, it's a good application

17:19and meets all the other relevant criteria

17:24and city staff are in support of the application.

17:27I'd be happy to answer any questions or comments.

17:31Thank you, Mr. Buseman and I neglected to ask

17:34if you had read staff comments and are in agreement,

17:36but it sounds from your presentation that you are.

17:41Yes.

17:42Thank you.

17:43At this point, I'll turn it over to members of the community

17:47who may wish to speak to this.

17:49Are there any members in the gallery at the moment

17:55who would like to speak to this application?

17:58I don't see any.

18:00Mr. Secretary Treasurer, do we have any online?

18:03Mr. Chair, I can confirm we do not have any delegates online.

18:06Thank you.

18:08Community members, do we have any questions of this applicant?

18:14Mayor Mimberg, good fellow.

18:17Yes, through the chair, to city staff, I believe.

18:22Question about parking and whether or not

18:25there's enough parking in the driveways as configured

18:29for the number of units that would be allowed

18:32to be constructed as a right once the severance

18:35may be approved.

18:40Through the chair to member, good fellow,

18:42based on what is being proposed today,

18:44it looks like there is sufficient parking

18:46to meet the bylaw requirements,

18:48depending on the number of ADUs that are proposed.

18:51Again, as Mr. Buseman noted, a semi

18:55with two separate driveways on one lot

18:57actually is not permitted as a right,

19:00but if they do intend to go forward with that

19:03as their proposal, they'll have to come back

19:04for a second severance to facilitate that.

19:10Thank you.

19:11And just to follow up question then through the chair,

19:13so I should have started with this question actually,

19:16can you just confirm how many units are able

19:19to be constructed on these two properties

19:22after severance as a right?

19:26Through the chair to member, good fellow,

19:28as a right, three units per lot are permitted,

19:30so that would be a total of six units

19:32as the severance plan is shown right now.

19:34It would be the maximum allowable.

19:36Wonderful, thank you.

19:37And then just to confirm that there is sufficient parking

19:40for those six units, as you've already stated.

19:42Okay.

19:43Yes, there is.

19:44I appreciate that.

19:47Committee members, any other questions of staff

19:49or this applicant?

19:54I just have one sort of housekeeping issue.

19:58Was this deferred from an earlier application

20:02or was there, yes, okay.

20:03That's why I saw two signs, one overlapping the other.

20:06All right.

20:08It's not that we're going to be revisiting this

20:11in the future is really where I'm going.

20:13Okay, thank you.

20:14I have no other questions.

20:18Last call for any comments from the public.

20:24Seeing none, committee members, what is your wish?

20:31Do I have a motion?

20:36Member Spears.

20:38I move that the committee accept

20:39and approve this application

20:41with the conditions suggested by city staff.

20:45Noted.

20:46And do we have a seconder?

20:49Member, good fellow, is there any discussion

20:53on the motion before us?

20:57Seeing none, Mr. Secretary-Treasher,

21:01would you mind calling the roll please?

21:04Thank you, chair.

21:05Committee members, please indicate your vote

21:06by responding in favor or opposed to the motion,

21:09which is to approve with the recommended conditions.

21:13Chair Smith.

21:14In favor.

21:15Member Balaban.

21:16In favor.

21:17Member Goodfellow.

21:18In favor.

21:19Member Membreño.

21:20In favor.

21:20Member Seyer.

21:22In favor.

21:23Member Segal.

21:26In favor.

21:26Member Spears.

21:27In favor.

21:28That carries, chair.

21:29Thank you very much.

21:30Your application has been approved.

21:32You're free to leave the meeting.

21:34Thank you.

21:35Thank you.

21:40Mr. Secretary-Treasher,

21:41may we have the next applicant please?

21:45Thank you, chair.

21:46The next application is file number A6124.

21:51That's variances for location and size of parking space,

21:54driveway width, exterior, side yard setback,

21:58and maximum garage width for proposed addition

22:00and variances for uncovered porch,

22:03setback and projection at 73 Yorkshire Street South.

22:08I will also note for the committee that the applicant

22:11has submitted late correspondence

22:12and these correspondence have been circulated

22:14to the committee and staff in advance of the hearing.

22:19So if you wish to speak to this application,

22:21please call the number shown on the screen.

22:23That telephone number is 519-822-1260.

22:28Extension 2524.

22:30When your call is received,

22:31staff will provide you with instructions

22:33on how you can delegate remotely by phone.

22:35This is the final opportunity to call in

22:37regarding this application.

22:40Thank you.

22:41Is the applicant present?

22:43Yes, please come forward to the podium.

22:49Can you state your name and your relationship

22:51to the application please?

22:53Yes, my name is Phil McFadden

22:55from Build Consulting Services,

22:56representing the homeowner in this case.

22:59Thank you.

23:00And can you tell me if the sign was in place

23:02as per the Planning Act?

23:03Yes.

23:06With that under the way,

23:07you have 10 minutes to address the committee,

23:09so please make use of all

23:11or as much of that time as you'd like.

23:13Perfect.

23:14So this file currently,

23:17the comments we received from planning staff

23:19was recommending deferral

23:22and what we would like to propose

23:25as this has been going on for a little over a year now.

23:29We would like to propose that we move forward

23:32with approval with condition

23:34as there's A through G as minor variance is requested

23:38and staff are in support of A, D and F and G

23:43with concerns about B, C and E.

23:46So again, we're just seeking approval of these items

23:50in order to move forward.

23:52There is concern from engineering as well as building

23:55at this point,

23:56but we have been in copious amounts of communication

24:01back and forth and are in process of coming to a solution

24:06that's just gonna work for everybody

24:08in the actual implementation of this.

24:11So as it sits, the intention here is the,

24:16an enclosed garage being attached at the rear of the home.

24:19This is not an accessory dwelling unit of any kind.

24:22This is just an additional living space for the homeowners

24:25with a enclosed garage below and an open deck at the rear.

24:30The items that we're speaking about

24:33that don't currently have staff support are around B,

24:37which is the reduction of interior parking space

24:40from six meters to 5.89.

24:44This reduction that we're seeking is,

24:48if I can get to the right thing here.

24:54You know what, that's okay for now.

24:55I'll leave it here for now

24:56if you could just give me a minute and a second maybe.

24:59So the site, oh, we could just go back

25:02to the previous one for one second, I'm sorry.

25:05So the sight line triangles that are shown

25:07on either side of the driveway there,

25:10what we ended up doing here was reducing the overall size

25:12of the structure to keep the entire building

25:15outside of the sight line triangles

25:19to allow for better visibility when pulling out of the garage

25:21to see up and down Bristol Street while entering the roadway.

25:25In order to accomplish that, we had to reduce,

25:28as I said, the interior dimension by roughly four and a half

25:34inches, four, I think four and seven eighths

25:36if we use a standard two by six construction.

25:39So as we don't have the full-end details of construction,

25:43we could still even reduce the framing detail

25:45to allow for up to 5.98 meters interior,

25:50which is an inch or so just underneath the required amount.

25:54So we do feel that this is a very minor request,

25:57adjusting the interior size of parking from the six meters.

26:04Yeah, so this minor modification we feel

26:10it's reasonable to ask for in order to work better

26:14with other by-law conformity.

26:18As far as C, item C, which is the maximum driveway

26:23width, actually we feel that this is where I'd like

26:26to add a condition to approval is we may have misunderstood

26:29in communications back and forth, and 5.49 was just a set

26:34detail early on in the driveway width,

26:36and we are more than happy to have this five meters wide.

26:40So I would ask that if we could get an approval

26:43of this minor variance that we would add a condition

26:46to reduce this to five meters wide.

26:50The other item is E, minimum exterior side yard setback

26:55for the structure itself.

26:58This is where I would like to go to street image.

27:03How do we get through?

27:22Is there two images there?

27:25That's okay, I'll figure it out as we go here.

27:28This is regarding the setback of the garage from the street,

27:31and the concern raised by staff was visibility

27:35when backing the car out of the garage

27:37without encumbering the sidewalk prior

27:39to entering the roadway.

27:42So whether this was approved as a carport or a garage,

27:47the process of actually entering the roadway

27:50wouldn't change.

27:53The driver actually has to enter the roadway when safe,

27:56when it's clear, they still have clear sight lines

27:59of the road and the sidewalk regardless of this

28:03reduced setback, and would be able to appropriately

28:07pull into the driveway or out of the driveway

28:09to open or close the garage without impeding traffic.

28:14This is how we're approaching this file,

28:16just because of how much back and forth there's been,

28:18and that there is some complication, or not complication,

28:22but conversations still be had between building

28:24and engineering with our third party engineers

28:27in order to come to an agreement on exactly

28:30what the construction or the construction techniques

28:32will be of this structure.

28:35What we feel overall staff comments are in support

28:38of the building itself with the minor variances

28:41that are being applied for here,

28:44and I'd be open to any questions that

28:47committee might have.

28:51Thank you very much, and if you want to wait right there,

28:54again, I did neglect to

28:58elicit from you that you had read staff's comments,

29:01and it's obvious from your presentation that you had.

29:04And if you want to wait a moment,

29:08let's see if there's any members of the public

29:10that would like to speak to this application.

29:12Is there anyone in the auditorium

29:14who would like to speak to this application?

29:20I don't see anyone.

29:22Mr. Secretary Treasurer, do we have anyone on the line

29:24who would like to speak to this application?

29:27To you, Chair, there are no phone

29:29delegates at this time.

29:32Okay, at this point, I'll turn it over to my colleagues.

29:36Committee members, do we have any questions

29:39of this delegate or of staff?

29:45Member Goodfellow.

29:47Yes, through the chair to the applicant.

29:52You mentioned briefly that there's continues

29:54to be back and forth discussion between the applicant

29:57and the engineering services.

30:01Because I noticed in the comments, staff comments,

30:03that engineering services is recommending deferral.

30:06Can you just go into that in a little bit more detail

30:09in terms of what you were requesting here this evening?

30:11Yeah, so the reason for the back and forth

30:15is there is an easement existing on the property

30:18for sanitary that runs from 71 Yorkshire

30:22through to the connection on Bristol Street.

30:25We've been back and forth in discussion

30:28of how we can make this work.

30:30Essentially, there's the easement agreement

30:32between 71 and 73 actually states the understanding

30:35of the construction of this addition,

30:38that they're in support and obviously this has already

30:40been an illegal agreement created.

30:43There are some hurdles to be gotten over as far as

30:46what the techniques are to build so that we're not

30:49impeding maintenance and serviceability of the sanitary.

30:53So we've been in communication, we have reports coming

30:56from MTE, which is a third party engineering firm,

31:00as to how we can do this without impacting

31:03and maintaining maintenance of that sanitary.

31:08Okay, thank you, that's actually a very helpful clarification.

31:10So then I think I have a follow up question

31:12through the chair to city staff.

31:15If we approve the variances as requested this evening,

31:20does that somehow impede the continuing conversation

31:24about engineering services and the easement?

31:31Through the chair, approving the variances

31:35wouldn't impede a continuing conversation,

31:38although so far today,

31:41staff have not seen anything,

31:42at least in the engineering perspective,

31:45have not seen any iteration of plan

31:47that would satisfy the concerns that have been brought forth,

31:51at least with this agent since July 26th

31:54about how the building itself does not function

31:57with respect to the pipes in the easement

31:59and does create a conflict.

32:01And it's, I believe the same thing has been communicated

32:05to previous agents on this property,

32:08going even further back than that.

32:13Again, very helpful clarifications,

32:15which of course raise another question.

32:16So with your tolerance here through the chair,

32:20so just wanna make sure then

32:23that I'm kind of understanding this,

32:25that is this not something that would then go to,

32:30like a permit application would be part

32:32of a building permit application?

32:34Is, could this question of the easement

32:37and the building construction techniques

32:39be addressed at that stage?

32:41Or again, I'm just trying to be careful

32:44that we are, by considering an approval

32:47of this application tonight,

32:48that we are not going to somehow be in the midst of

32:53or influence the building permit application process.

32:59Through the chair, too, member Goodfellow,

33:02our building, mechanical building inspector

33:05has been in contact with the applicant

33:08and has stated that building cannot be constructed

33:15over the sanitary easement.

33:21The agreement that the applicant has referenced

33:25is not applicable to this.

33:29He's referencing an appendix in the Ontario Building Code,

33:33not the actual Ontario Building Code regulations,

33:37which states that two property owners

33:38can connect specifically, connect services,

33:43if an agreement with the municipality is entered into.

33:48It doesn't have anything to do with building over an easement.

33:52And in fact, the Ontario Building Code

33:54does not permit a building over an easement.

33:58A fully open carport from front to back,

34:03we've seen that in the past,

34:07is an opportunity for this application to move forward,

34:11but as presented today,

34:14if a building permit was applied for,

34:15it could not be issued.

34:21Again, very helpful, thank you.

34:24Might I clarify through the chair something?

34:28You'll have a chance at the end.

34:32Let me just poll my colleagues

34:35and see if there's any more other questions

34:37and then we'll come back to that.

34:39Thanks for your indulgence.

34:41Committee members, do we have any other questions?

34:47No?

34:48Okay, I cut your grass for no reason, please go ahead.

34:52The point that I wanted to make clear

34:54as to why we're seeking approval of minor variance

34:56is that we're fully aware that it doesn't grant permit

34:59or engineering approval that we have rode to go down

35:03before we get there,

35:05but without the approval of the minor variances,

35:07any money spent by the applicant with third party engineering

35:11as to how we remedy the situation

35:14or how we get to an end resolution,

35:16whether that is an open carport or relocating plumbing

35:19or any other issues or items that we decide on

35:23is irrelevant if we don't have the approved minor variances.

35:27So the approach here is,

35:28there's likely still a road to go down

35:30where we need to have more communication and more discussion.

35:33And some of it we have had,

35:34but they're not willing,

35:35well, they're not currently acknowledging those discussions

35:39because they were post-application.

35:41So there has been some back and forth,

35:43nothing sufficiently to say

35:44that we are going to get a permit,

35:46but this approval doesn't give us approval

35:48of a permit or engineering either.

35:51So we still have work to do there,

35:53but with, again, without the approval of the minor variances,

35:56that work would be useless.

36:04Thank you.

36:05Committee members, do we have any other questions or comments?

36:10Member Balaban, you've been looking as if you wanted to chime in.

36:15Please go ahead.

36:16Through you, Mr. Chair,

36:19it just seems like this is a cart and a horse situation,

36:23like what's first.

36:24And if we give approval of the minor variance,

36:30it's like we're giving approval to build a garage.

36:37I know you're saying we aren't,

36:39but in a sense we are because we're saying,

36:42yeah, a garage can be built here.

36:44And I'm not sure that I'm in a position,

36:47I feel like I'm not in a position to do that

36:50when I'm hearing that they're going to need access

36:52under this at any given point.

36:55And that's why you need a carport

36:58so that there's an accessibility availability

37:01at any given time.

37:04Through you, Chair.

37:07The reality is even a condition to say,

37:11pending building or pending,

37:14well, it's always pending building permit anyways,

37:17so we can't do anything.

37:18So it's the setbacks that are required

37:20to have a structure in this location

37:23and then figuring out how we get there.

37:25There is a possibility that it would need

37:28to be an open carport.

37:30There are, we've had discussions about relocating sanitary

37:34and modifying the easement agreement and things like this.

37:38Cart before the horse, the way I see it is

37:42there should likely be wording added to say

37:45that it needs to be at the approval of city engineers

37:48and building, which it is anyways.

37:50But these minor variances don't allow

37:52just anything to be built,

37:54it's just the building itself in that location.

37:57With those setbacks, sorry.

38:05Did you have something else, Member Balavan?

38:12Member Goodfellow.

38:14Thank you, through the Chair to City staff.

38:17So further to the applicant's point about the setbacks.

38:24We've heard the applicant identify

38:26that they are willing to make some changes

38:28to the building structure to address some of the concerns.

38:32If I'm following along, I think the concerns

38:38that were identified in conditions or sorry,

38:41in variance requests BC and E.

38:45B and C sound like they may have been addressed

38:48and there's still an outstanding question about E.

38:50Can staff comment on the applicant's proposed changes

38:56relative to those three conditions

38:59and whether or not they would address city's concerns?

39:03Through the Chair to Member Goodfellow,

39:05the applicant has indicated they're willing

39:07to shrink the size of the driveway.

39:11So that concern is addressed,

39:14but the concerns around variances B and E would still remain

39:17and given the tightness of the site,

39:19they couldn't really be addressed

39:21unless it was converted from a garage to a carport.

39:23And right now the wording of the variance is very clear

39:26that it is asking for a garage.

39:28So that is why planning staff are reluctant

39:30to recommend approval of those.

39:32And this is planning staff's analysis is completely separate

39:36from the concerns engineering and buildings staff have

39:39as well.

39:40So those are also concerns that should be taken into account.

39:44Once again, I really appreciate your thoughtful answers

39:47on to my question.

39:48So thank you.

39:52Committee members, do we have any other questions?

39:55Member Bellamond.

39:57Through you, Mr. Chair to staff,

39:59again with the setback,

40:02the four meters, it's four meters, right?

40:04Four meters versus six.

40:07If it's a carport or a garage,

40:13that distance in the site triangles,

40:19is it going to make that much difference?

40:22I mean, you're gonna have to back out or come out forward

40:26and be very wary of the situation you're in to,

40:31because the building is there, the old building is there,

40:33you're gonna have to be very wary of where you are

40:36and what you're doing.

40:38So I don't think a carport or a garage is gonna make

40:41a difference in that sense.

40:44You know, 13 feet or 20 feet, sorry, speaking imperial.

40:49You know, I don't know that it's going to make

40:51that much difference.

40:54So the setback isn't really the biggest concern in my view,

40:59but I understand where you're coming from.

41:03That's who the Chair to Member Ballaband.

41:05So the four meters versus six meters variance is actually,

41:08that's variance A, which staff is supportive of.

41:11I think you're confusing that with variance E,

41:14which is the exterior side yard setback

41:16for the attached garage of 0.8 meters.

41:19The reason why staff are not supportive of that as a garage,

41:22but are supportive of that as a carport,

41:24is because the intent of this provision

41:26to have a garage setback six meters from the lot line

41:29is to allow for a car to pull into the driveway,

41:32stop their car, they can open up their garage

41:34while being entirely on their property

41:36and not blocking the sidewalk or the roadway

41:38and then enter the garage.

41:39Whereas if it's a carport, obviously there's no garage door

41:42and they can just pull right in.

41:44Thank you very much.

41:44That makes sense.

41:49Committee members, do we have any other questions?

41:55I have one of staff and that is,

41:59I guess I'm reluctant to wordsmith something

42:05that professional staff has said this needs more work

42:09and is subject to a deferral.

42:14This is sort of an open question to staff,

42:16is how comfortable would you be

42:21in helping wordsmith this?

42:23It's not really your job.

42:25It's really the job of the applicant.

42:27So how comfortable are professional staff

42:31in wordsmithing this that we could approve it?

42:42Through the chair, I don't know

42:44if I can address that entire question,

42:45but it would almost seem that we would have to then dictate

42:50what the solution is, whereas there could be

42:53multiple solutions.

42:54For example, one could eliminate the existing easement,

42:59relocate the pipes to a new location of the rear yard

43:02of 73 Yorkshire Street South

43:04and create a new easement in its place,

43:06register that on title.

43:08That could be one solution.

43:09Another solution might be to not relocate,

43:11but do something different with the building

43:14that complies with building code

43:15and complies with planning and engineering's previous concerns.

43:19So I'm not sure if we can commit to one particular solution.

43:24Thank you.

43:25That's very helpful because it sort of reinforces

43:28my point of view that wordsmithing something

43:32that we don't see as ready for prime time

43:37is opening a Pandora's box of changes.

43:41So at that, I'm going to turn it over to committee

43:47to see what our will is.

43:51Yes, Member Bellamette.

43:53I move that we defer the application

43:55until the issues are managed and clear.

44:00Thank you.

44:01Do I have a seconder?

44:03Member Spears, there's no discussion on a deferral.

44:07Mr. Secretary Treasurer, can you call the roll please?

44:11Thank you, Chair.

44:12And through you, committee members,

44:13please indicate your vote by responding in favor

44:16or opposed to the motion,

44:17which is to defer the application.

44:20Chair Smith.

44:22In favor.

44:23Member Balaban.

44:24In favor.

44:25Member Goodfellow.

44:26In favor.

44:27Member Membranio.

44:28In favor.

44:28Member Seher.

44:30In favor.

44:31Member Segal.

44:32In favor.

44:33And Member Spears.

44:34In favor.

44:35That carries, Chair.

44:37Your application has been deferred,

44:38your please free to leave the meeting.

44:45Mr. Secretary Treasurer,

44:46may we have the next applicant please?

44:52Thank you very much, Chair.

44:54Next application is A6324.

44:58That is permission to enlarge,

45:00extend illegal nonconforming use to permit proposed

45:03additional residential dwelling unit

45:05in the basement of the existing dwelling

45:07at 1859 Victoria Road South.

45:10If you wish to speak to this application,

45:11please call the number shown on the screen.

45:14The number is 519-822-1260 extension 2524.

45:20When your call is received,

45:21staff will provide you with instruction

45:22on how you can delegate remotely by phone.

45:25This is the final opportunity

45:26to call in regarding this application.

45:30Thank you, Mr. Secretary Treasurer.

45:32And I see someone at the podium.

45:34So I'm assuming you are representing the application.

45:37Can you state your name

45:38and your relationship to the application please?

45:41Yes, good afternoon, Chair.

45:42My name is Kevin Thompson.

45:43I am the lawyer for the builder

45:44and the authorized agent for the applicant homeowner.

45:48Thank you.

45:48And can you tell me if the sign was posted

45:50as for the Planning Act?

45:51Yes, it was.

45:53Thank you.

45:54You have 10 minutes to address the committee.

45:56So make as much use of that as you would like.

45:59Thank you, Chair.

46:00And I have received the staff comments

46:02and I note that the staff recommendation

46:04is for approval with no conditions.

46:06And I thank staff for that recommendation

46:08and I wholeheartedly support that recommendation.

46:12I do have one comment I wish to make on the record,

46:14just one minor point of disagreement,

46:17I think between myself and staff

46:19as it relates to the legal non-conforming status

46:21of this building.

46:22There is one comment in the staff comments

46:25about the building now being occupied

46:28and therefore the legal non-conforming use

46:30has been established.

46:32It's my opinion that the legal non-conforming use

46:34was actually established when the building permit

46:37for this dwelling was issued in February of 2023

46:40and that legal non-conforming use has persisted

46:42throughout this entire time.

46:44Nevertheless, the building is now occupied

46:47and so we don't necessarily need to resolve

46:49that professional disagreement today.

46:52It is occupied, staff are recommending approval.

46:54We agree that it does have a legal non-conforming status today

46:59and there's no issue with the jurisdiction

47:01of this committee to extend the legal non-conforming use

47:05as requested.

47:06Some of you may recall this property

47:09was before you in March of this year.

47:10At that time we were requesting a different application.

47:15It was permission to construct an accessory garage

47:19with an ADU above.

47:21This committee approved that application.

47:23That building is now constructed,

47:24occupied and that building permit has now been closed.

47:27That accessory or detached ADU is on a separate septic system

47:33than the main dwelling.

47:34And so this new application is for the basement

47:37of the main dwelling to add a second ADU

47:41which will utilize the septic system of the primary dwelling

47:45and that septic was constructed

47:47to accommodate the anticipated flows

47:49if and when an ADU was installed in the basement.

47:53That basement is finished.

47:55The ADU basement kitchen is roughed in.

47:57All that has to happen is a further building permit

48:00needs to be issued to allow the dishwasher sink, countertops

48:04and the final finishing aspects of that kitchen

48:07to be installed and you have a fully functional ADU.

48:09The revision permit that has already been issued

48:11allowed all of the basement finishes including the rough ends.

48:15Of course we need your permission today

48:16to allow that building permit to be issued.

48:18So those were all my comments.

48:20We thank staff for their recommended approval.

48:23We're asking this committee to approve it as well.

48:25And I'd be happy to answer any questions.

48:28Thank you.

48:29I appreciate your brevity and your specifics.

48:32Committee members, do we have any questions?

48:33Oh, yes.

48:35It's my obligation to ask if there are any members

48:39of the audience who would like to make representation

48:45of this application.

48:47Are there any members of the public

48:49who would like to speak to this application?

48:53I don't see anyone in the chamber.

48:57Are there any online?

48:59I'm getting a no.

49:02Now, committee members, do we have any questions

49:04of this applicant?

49:08Member Mimbrino.

49:13I was just wondering when the residence was occupied.

49:19The property through the chair to a member Mimbrino.

49:22The property was sold by my client

49:24to the current occupants in May of this year

49:26and they took possession at that time.

49:27I've been living in there since May.

49:29May.

49:30Thank you.

49:34Thank you, member Mimbrino.

49:35Any other questions of this applicant?

49:42Seeing none, I think we can call or pardon me,

49:50look for a resolution.

49:52Committee members, do we have a motion?

49:56Member Goodfellow.

49:58I move that we approve the application

50:00with no conditions as recommended by city staff.

50:03And we have a seconder.

50:05Member Mimbrino.

50:09Any discussion on the motion before us?

50:13Seeing none, is there a vote to be had,

50:21Mr. Secretary Treasurer?

50:23Thank you, chair.

50:24And three to the committee members,

50:25please indicate your vote by responding

50:27in favor or opposed to the motion,

50:29which is to prove the application with no conditions.

50:33Sorry, chair Smith.

50:35In favor.

50:36Member Balaban.

50:37In favor.

50:37Member Goodfellow.

50:38In favor.

50:39Member Mimbrino.

50:40In favor.

50:41Member Seger.

50:42In favor.

50:43Member Siegel.

50:45In favor.

50:46And member Spears.

50:48In favor.

50:48That carries, chair.

50:50Your application has been approved

50:52and I notice online that somebody's ready for Halloween

50:56with the masks that are being presented there.

51:01Very, very interesting.

51:03You're free to leave the meeting.

51:05Thank you again.

51:10Mr. Secretary Treasurer,

51:12do we have another application?

51:15Thank you, chair.

51:16We do.

51:16And through you, the next file is application A6424.

51:22That is permission to enlarge,

51:24extend legal non-conforming use

51:26into the remainder of the existing building,

51:28the building being a recreation facility.

51:31So if you wish to speak to this application,

51:33please call the number shown on the screen.

51:36The number is 519-822-1260, extension 2524.

51:41When your call is received,

51:42staff will provide you with instructions

51:44on how you can delegate remotely by phone.

51:46This is the final opportunity to call in

51:48regarding this application.

51:53Good afternoon.

51:54Can you approach and state your name

51:57and relationship to the application, please?

51:59Yes, most certainly.

52:01Good afternoon, Mr. Chairman,

52:02committee members, Jason Heeter from HDS Dwell

52:06on behalf of the applicants

52:08at 346 Edlinborough Road North.

52:11I would just take one quick second.

52:13I have read through staff and planning comments.

52:16Well, let's not get ahead of ourselves.

52:18Can you just, I have a boss here that I have to follow.

52:24So can you tell me if the sign was present

52:28as per the planning?

52:29It was, yes.

52:30And you were about to say that you've read staff's comments

52:34and you were in agreement?

52:35I have, yes.

52:36I have no comments or concerns

52:38and would wholeheartedly agree with staff's approval.

52:42Thank you.

52:43So I take it from that comment

52:45that you don't have an additional presentation

52:49to take the 10 minutes.

52:50I could just speak real quickly,

52:53just to put it entirely up to you.

52:55Yeah, yeah.

52:56So we're seeking an extension

52:59of an existing legal non-conforming use.

53:02So the front portion shown in red on this building

53:06is an existing world's gym facility.

53:09It has been in operation since approximately 1989.

53:14We're looking to extend that recreation use

53:17throughout the yellow portion.

53:19So the remainder of that building,

53:22we have done a parking analysis

53:24and there is an abundance of parking on this property

53:26to facilitate the use of both of the buildings.

53:32I would leave it at that.

53:34Yeah, we're looking to propose a recreational use

53:37that will benefit the city

53:39and serve a sort of population

53:43of recreational sports enthusiasts

53:46that are in need of a facility like this.

53:50Thank you.

53:51And are there any members of our audience

53:55who would like to speak to this application?

53:59I don't see any, Mr. Secretary Treasurer,

54:03are there any online?

54:04I think you're sure I can confirm

54:05there are no call-in delegates for this application.

54:08Thank you.

54:09Committee members, do we have any questions of this applicant?

54:15Seeing none, I do have one quick question

54:19and it's actually for staff

54:24and you're satisfied despite the addresses on Edinburgh.

54:31However, I think most people will be accessing

54:35through Dawson, that very narrow driveway

54:40as it crosses the railway tracks there.

54:45Are there any concerns in terms of increased traffic

54:50with this change of views?

55:01To the chair, not specifically, no.

55:06Okay, that's concise.

55:10Any other questions from committee members?

55:15Seeing none, committee members,

55:17do we have a motion to consider?

55:26Member Bellamette.

55:27I move that we approve the application.

55:30And do we have a seconder?

55:32Members Spears, discussion.

55:37I see no discussion and so,

55:41Mr. Secretary Treasurer, may we have a vote please?

55:44Thank you, chair and through you to the committee.

55:47Committee members, please indicate your vote

55:48by responding in favor or opposed to the motion,

55:51which is to approve the application with no conditions.

55:55Chair Smith.

55:56In favor.

55:57Member Balaban.

55:58In favor.

55:59Member Goodfellow.

56:00In favor.

56:00Member Menbranio.

56:01In favor.

56:02Member Sayer.

56:04In favor.

56:05Member Siegel.

56:06In favor.

56:07And Member Spears.

56:08In favor.

56:10That carries, chair, thank you.

56:11Your application's been approved,

56:13you're free to leave the meeting.

56:14Thank you for your time.

56:15Thank you.

56:23Mr. Secretary Treasurer, may we have the next applicant?

56:27Thank you very much, chair.

56:28And through you, the next application is file A6224.

56:33Those are variances to permit reduced interior side yard

56:37for proposed residential addition

56:38to the rear of the existing dwelling.

56:40That's at 20 Green Street.

56:42If you do wish to speak to this application,

56:44please call the number shown on the screen.

56:46The number is 519-822-1260 extension 2524.

56:52When your call is received,

56:53staff will provide you with instructions

56:54on how you can delegate remotely by phone.

56:57This is the final opportunity to recall in

56:59regarding this application.

57:01And I will also note for the committee

57:02that we have received late correspondence

57:04for this application from 1P Kelly,

57:07noting some concerns with the application

57:08and this correspondence has been shared

57:10with the committee and staff in advance of the meeting.

57:15And I see the applicant in front of us.

57:18Can you state your name

57:19and your relationship to the application, please?

57:22Yes, Mr. Chair, thank you.

57:24It's Lloyd Grinham from Grinham Architects,

57:25the agent for the owners of the property, Claire Holden.

57:30Awesome, and can you tell me

57:31if the sign has been in place as per the Planning Act?

57:35Yes, it has.

57:37Thank you.

57:37And you have 10 minutes to address the committee.

57:41Make as much time of that, use of that time as you'd like.

57:45Thank you.

57:46I don't really think I need 10 minutes,

57:48but just very, very briefly,

57:51I suspect the committee members have been to the property.

57:53So it comes as no surprise.

57:56It's a very narrow property.

57:58It's very old, 10-meter frontage,

58:02very small house, a single story.

58:05And our clients have asked us to look at the ways

58:11to increase a bit of living space

58:13to the rear of the property

58:15by the removal of an existing addition.

58:17This plan shows just the future.

58:19But in generally the same location,

58:21but a little bit closer to the Western property line.

58:25And in doing so, we'll create some new basement space

58:28because the current rear addition to the original house

58:32is just a slab on grade.

58:34And also correct a few interesting variations

58:38in floor level internally.

58:39So it's really pretty straightforward.

58:42It's a single story addition.

58:44One, you could say it's a generous one story in height.

58:49It's the Eve line of the new building

58:51to be about 12 or 13 feet above grade,

58:53which to put it in perspective is essentially the same

58:56as a bungalow with a basement below it and some windows.

58:59So there's a bit of interior,

59:03a little bit of a small loft space intended

59:05in part of that addition,

59:06tucked under that portion of the roof.

59:08But the intent is to keep it very small, very modest.

59:12We've on sort of discussion with staff moved it

59:16a little further from the West line

59:18to comply with some of the zoning regulations

59:21and to provide as staff comments mentioned,

59:23a little easier maintenance space down that side,

59:26while trying to maintain basically the same position

59:29as the existing house to the East side

59:31for rear yard access, that type of thing.

59:34So trying to strike a balance between a new addition

59:38that isn't that much bigger,

59:39but actually a little more usable

59:41in comparison to what's there.

59:44Well, thank you very much.

59:45If you want to wait right there,

59:46we'll see if there's any members of the public

59:49who'd like to comment on this.

59:51Are there any members in the gallery

59:55who would like to speak to this application?

59:59I don't see anyone making any moves.

1:00:04Mr. Secretary of Treasure,

1:00:05do we have anyone online who would like to address this?

1:00:08Thank you, Chair Spreather.

1:00:09We do have one registered delegate

1:00:10that will be joining us by video conference.

1:00:12Their name is Peter Kelly.

1:00:15Peter Kelly?

1:00:17There he is.

1:00:18Welcome, Peter.

1:00:21You have heard the applicant.

1:00:24You have 10 minutes to address our committee

1:00:27and your comments will be timed.

1:00:30So please make as much or as little use

1:00:33of that time as you'd like to.

1:00:37Hello, everyone, thank you.

1:00:39I should start to say that I am a co-owner

1:00:42of the property to the West, I believe, 22 Green Street.

1:00:47I have a little mini presentation.

1:00:50I am generally very much in favor of this application.

1:00:56I'm a new owner of the property,

1:00:59so it felt important that I show up in support of this,

1:01:03but I do have one small concern

1:01:08that I'm not a professional on

1:01:09and if it feels correct to still approve,

1:01:12I'm more than happy to support that.

1:01:15My main concern just through conversations

1:01:18with an engineer in my family and a general contractor

1:01:24is that because of how close our properties are

1:01:28and because the property that I currently own,

1:01:30we do not have a driveway,

1:01:34our houses are quite close together

1:01:36and my main concern with just having the variance

1:01:40a little bit closer is that potentially

1:01:43with the height of the building, so to speak,

1:01:47there might, in the wintertime, a lot of the snow,

1:01:51depending on what finishes are used,

1:01:53whether it's a metal roof or asphalt,

1:01:56so on and so forth, I just had some concern

1:01:59about the amount of snow and maintenance

1:02:03in the shared walkway because it's our main way

1:02:06we're able to get in and out of the backyard of our property.

1:02:11I'm not sure if there's a way for me

1:02:12to move through the slide here.

1:02:14Oh, maybe there is.

1:02:16Yeah, this is a, you can continue to go

1:02:22through pretty quickly.

1:02:25Keep going here and we'll just keep moving.

1:02:29There's just about one foot I really wanna land on.

1:02:32This is our dining room and that will be a big addition.

1:02:37I am concerned a little bit about light,

1:02:38but overall, I think it's an appropriate addition

1:02:43for them to be building.

1:02:44This is the main foot I'd like to just focus on.

1:02:47There's just not a ton of space

1:02:50and I just was a little bit concerned

1:02:51about the variance being a little bit too close

1:02:55and that we would have maybe some maintenance issues

1:02:59when it came to like snow and ice in the winter.

1:03:02It is a pretty high traffic area

1:03:04for a lot of the people that live in the house

1:03:06and I just wanna make sure that it's safe.

1:03:08But I do recognize it also is a very small variance

1:03:13and there's still quite, it's still gonna be

1:03:16past that fence line.

1:03:17So I do feel like it is adequate as well.

1:03:19So those are my comments.

1:03:22I'm generally in support of it.

1:03:23I just had some concerns about snow and ice

1:03:26depending on the height of the roof

1:03:29and the light for our dining room and kitchen.

1:03:34Yeah, thank you.

1:03:37Thank you.

1:03:38If you wanna hold on for a moment,

1:03:41committee members may have some questions for you.

1:03:43So I'm gonna turn it over to our committee.

1:03:47Committee members, do we have any questions of this delegate?

1:03:53I don't see any at this time.

1:03:57At this point, I'll ask Mr. Grisham to,

1:04:03if he has any answers to the questions that have been raised.

1:04:12Thank you, Mr. Chair.

1:04:13Yeah, and through you, fair point.

1:04:17What I'd like to remind the committee,

1:04:19I guess the variance, we are seeking variance

1:04:22from the zoning bylaw, which requires a larger side yard.

1:04:27The end result of this being approved,

1:04:30and I think you've seen it in the staff comments,

1:04:32the new addition would actually be further

1:04:34from the property line than the current rear addition

1:04:37to this house is.

1:04:39And I don't know if you need to bring the plan back up,

1:04:41but the rear addition has two sections to it.

1:04:44One is closer, one is further away.

1:04:46The new addition that's being proposed

1:04:48would be further away than the closest one,

1:04:51which is just over a foot, I think, from the property line.

1:04:54And one of the key things that I would say,

1:04:58hopefully to sort of ease Peter's mind a little bit,

1:05:02the number that we discussed with staff,

1:05:05which I think is a regular staff consideration for this,

1:05:09the absolute minimum that can be built

1:05:11according to the building code is 0.6 meters,

1:05:14but the sort of staff recommendation, I think,

1:05:18and I speak at a turn,

1:05:20staff like to see a minimum of 0.7 as sort of

1:05:24a reasonable distance that allows for the homeowner

1:05:26to access that side, do maintenance, clean gutters,

1:05:29that type of thing.

1:05:30And we've actually gone a little bit over that,

1:05:32but recognizing that it's recognized

1:05:34as sort of a workable dimension to deal with maintenance,

1:05:37but also things like snow coming off a roof

1:05:39and that sort of thing to stay

1:05:41within the confines of your own property.

1:05:43So reasonable concern, and I think it's being addressed

1:05:47both through the staff comments that we've responded to,

1:05:50and we appreciate, by the way, because we agree with them,

1:05:53and through the building design, it'll follow with that.

1:05:55So if that helps.

1:05:58Thank you.

1:06:02At this point, committee members,

1:06:03do we have any questions of the delegate?

1:06:06We had that opportunity already.

1:06:09Just wondered if there was any follow-up.

1:06:11There is not.

1:06:12Mr. Kelly, you're free to stand by

1:06:15and watch the rest of the procedures,

1:06:17but let me first thank you for your delegation.

1:06:21And are there any other delegates

1:06:25who would like to speak to this application?

1:06:32I don't see any gallery, Mr. Secretary Treasurer.

1:06:35Do we have any online?

1:06:36Thank you, Chair.

1:06:37I can confirm we do not have any phone

1:06:39and delegates for this application.

1:06:40Yeah, okay.

1:06:41Committee members, do we have any questions of the applicant?

1:06:49Seeing none, do we have an intention for a presentation,

1:06:58or pardon me, a presentation?

1:07:00We've just sat through presentation.

1:07:03Do we have any, do we have a motion before us?

1:07:11Member Mbrenno.

1:07:15Motion to approve without conditions.

1:07:18Thank you, and do we have a seconder?

1:07:20Member Goodfellow, any discussion?

1:07:25Seeing none, I'll call the question.

1:07:28Mr. Secretary Treasurer, can you conduct the vote?

1:07:32Thank you, Chair, and through you to the committee.

1:07:34Committee members, please indicate your vote

1:07:36by responding in favor or opposed to the motion,

1:07:38which is to approve the application with no conditions.

1:07:42Chair Smith.

1:07:43In favor.

1:07:44Member Balaban.

1:07:45In favor.

1:07:46Member Goodfellow.

1:07:47In favor.

1:07:48Mbrenno.

1:07:49In favor.

1:07:50Member Sayer.

1:07:51In favor.

1:07:52Member Segal.

1:07:53In favor.

1:07:54And Member Spears.

1:07:56In favor.

1:07:57Thank you, that carries.

1:07:58Thank you, your application has been approved.

1:08:02Thank you very much.

1:08:03Thank you.

1:08:11Mr. Secretary Treasurer, do we have another application?

1:08:15Thank you, Chair, and through you, yes we do.

1:08:18The next file on the agenda tonight is application A6624.

1:08:23That is variances for outdoor patio regarding location

1:08:27setbacks and to provide no fencing

1:08:30and to permit zero parking spaces on the subject property.

1:08:34If you wish to speak to this application,

1:08:36please call the number shown on the screen.

1:08:38The number is 519-822-1260, extension 2524.

1:08:43Now when your call is received,

1:08:44staff will provide you with instructions

1:08:45on how you can delegate remotely by phone.

1:08:49This is the final opportunity to call in

1:08:50regarding this application.

1:08:52I will also note for the committee that we do,

1:08:54we have received late correspondence for this application

1:08:57from the applicant themselves.

1:08:59Couple of sketches noting placement change

1:09:01for the proposed tent and some sketching

1:09:03related to parking on the subject property.

1:09:06I will also note for the committee

1:09:08that the revised agenda does contain an error.

1:09:10The revised agenda does note

1:09:12the staff recommendations are approval

1:09:13with conditions of variance A, B, C, D and E

1:09:18and refusal of variance E.

1:09:20That is a typo, the refusal is recommended

1:09:22as variance for variance F.

1:09:27Thank you for that qualification.

1:09:30And again, welcome, can you state your name

1:09:33and your relationship to this application?

1:09:38Yes, thank you Mr. Chair.

1:09:39Lloyd Grinham, Grinham Architects.

1:09:41And I am the agent for the Italian Canadian Club

1:09:44on this one.

1:09:45Thank you, and can you tell me

1:09:46that if you had the sign posted as per the planning?

1:09:50Yes, we did, two of them actually.

1:09:54Before we got started, I just want to note for the record

1:10:00that Member Seyer had declared a conflict

1:10:04and he has left the meeting.

1:10:07With that, you have 10 minutes to address the committee.

1:10:11Thank you.

1:10:13So I think maybe, because I think the committee

1:10:16has seen the staff comments, obviously,

1:10:17we've been through them.

1:10:19And it was in response to the staff comments

1:10:23that we received, I guess last week,

1:10:26my meeting with members of the Italian Canadian Club

1:10:30because we wanted to be certain that the conditions

1:10:33that were being proposed were in fact acceptable

1:10:36to the club so that I could stand here today

1:10:38and say those conditions are acceptable.

1:10:40So we had that meeting and one of the outcomes of that

1:10:43was the two sketches that Secretary has mentioned,

1:10:47which we sent through and I apologize in doing so

1:10:50if we created any confusion with community of adjustment

1:10:52because we didn't intend it to be a revision

1:10:54to the application per se, but really just submitted

1:10:57for information so that I could stand here and say,

1:11:00we actually understand the conditions

1:11:02and we're okay with those.

1:11:04So this sketch that was mentioned,

1:11:07it does differ from the plan that was submitted

1:11:09for the application itself because that plan was based

1:11:12on the location where the tent was installed earlier this year.

1:11:17It's now gone, they've taken it down for the season.

1:11:19So what we submitted with the application initially

1:11:22showed the exact location of it.

1:11:25That led to some discussion with staff

1:11:27and the variances in the comments that came through.

1:11:30Some of them being an adjustment, for instance,

1:11:33to the rear yard setback, we were showing

1:11:35a requested rear yard variance at 5.5 meters

1:11:39because that's where the tent was

1:11:41and staff recommended six, so we said, okay,

1:11:43but we wanted to test this to make sure

1:11:45that in agreeing to that, we could also down the road

1:11:48meet the requirements of the building code

1:11:49which says how far a tent has to be from a building,

1:11:52which it does.

1:11:53So that in a nutshell is why this sketch showed up

1:11:56a couple of days ago just to try and reassure ourselves

1:11:59in the committee that what we were saying yes to was okay.

1:12:03And the other one, the other question that came from this

1:12:06and I don't know exactly when we'll do that,

1:12:09I'm assuming we will work through the conditions,

1:12:12assuming this is approved according to staff.

1:12:14With the conditions in place, we'll simply work through

1:12:16those systematically with staff after the fact

1:12:19to have them satisfied as we've done in the past

1:12:21and then when time comes for the permit next year,

1:12:25then those conditions have been met

1:12:27and the C of A is approved without conditions

1:12:30or however that's phrased.

1:12:33So that was the idea and I apologize particularly to staff

1:12:36if I confused them with this late sketch showing up,

1:12:39that was not the intent.

1:12:41Beyond that, just briefly, I think a lot of people

1:12:44and I think the letters, some of the letters

1:12:45that have been sent into the committee from neighbors

1:12:48suggest the fact that the Italian Canadian Club's

1:12:50been there a long time, it seems to be very well loved

1:12:53by the community and very well supported by it.

1:12:58The other sketch that was sent in was again in response

1:13:01to I don't know which condition exactly,

1:13:03but the one requiring some sort of indication

1:13:06that the required off street parking could be accommodated

1:13:11on the lot across the street, the other side of Ferguson,

1:13:14if in fact this area where the tent and patio

1:13:17are proposed to go was taken out of commission

1:13:19for parking in the future.

1:13:21So in fact, we did have a nice survey plan

1:13:23from some years ago, we overlaid that with parking

1:13:26and said we need 64 parking spaces,

1:13:29this plan indicates a capacity of 150 spaces,

1:13:33we think that's okay.

1:13:34So that was the other sketch that was submitted,

1:13:37not to complicate this application,

1:13:39but simply that we're comfortable moving

1:13:41with those conditions and sorting those out

1:13:43down the road with staff.

1:13:46I think that's it for me, under 10 minutes I hope.

1:13:50Well, thank you for the explanation

1:13:53and I don't know about staff, I'm sure they weren't confused

1:13:58by it, but this whole brain was a little confused by it,

1:14:01so thank you for that explanation.

1:14:04Oh, before committee members,

1:14:06are there any members of the audience

1:14:09who would like to comment on this?

1:14:13Seeing none, Mr. Secretary Treasurer,

1:14:16do we have anyone online?

1:14:18Yeah, thank you, Chair, and to you,

1:14:20I can confirm there are no phone

1:14:21and delegates for this application.

1:14:24Thank you, committee members,

1:14:25do we have any questions of this delegation?

1:14:29Member Ballaman.

1:14:31Through you, Mr. Chair, are you going to have a fence?

1:14:36That's the one thing that I'm still not clear on.

1:14:40Yeah, through you, Mr. Chair.

1:14:43So the verbal on that tonight is yes, absolutely,

1:14:46the club has no difficulty whatsoever

1:14:50with their crest to provide the fence.

1:14:52There was some correspondence

1:14:53through the course of the application and review,

1:14:55clarifying whether it was permanent or temporary,

1:14:59and my understanding is,

1:15:02and again, staff is here to correct me if I'm wrong,

1:15:04my understanding is that staff is comfortable

1:15:06with the idea of a temporary fence

1:15:08that meets the 0.8 meter height

1:15:10that would be placed concurrently

1:15:12with the use of the tent and the patio that season.

1:15:15Off season, there wouldn't be a fence,

1:15:17and in the winter they could revert back

1:15:19to some partial parking use.

1:15:22Thank you.

1:15:26Committee members, do we have any other questions

1:15:28of this applicant?

1:15:32Seeing none, committee members, what is your wish?

1:15:37Do we have a motion?

1:15:44Member Goodfellow.

1:15:46I'm going to give this a go.

1:15:48So I move we approve the application

1:15:52for variances A, B, C, D, and E.

1:15:56We refuse variance F,

1:15:58and we include conditions as recommended by city staff.

1:16:03And do we have a seconder?

1:16:06Member Spears.

1:16:08And do we have any discussion on this?

1:16:15Yes, member Siegel.

1:16:18Through you, the chair to staff to clarify,

1:16:21what was the recommendation for clarification G?

1:16:30Through the chair to members Siegel.

1:16:32So staff are recommending approval of variance G as well.

1:16:36The only variance staff are recommending refuse law

1:16:38and is variance F, which Mr. Grinema has demonstrated

1:16:42isn't really necessary since they are planning

1:16:44on having a fence.

1:16:49Right, I see.

1:16:49And to clarify that,

1:16:50wasn't just included in the motion?

1:16:56Yes, it's your motion.

1:16:58Member Goodfellow.

1:17:00Yes, so can I modify the motion to include variance G?

1:17:06Let me ask this.

1:17:07The seconder, are you fine with that?

1:17:11Member Spears is, so I believe can modify that.

1:17:15Yes, we have a question from staff.

1:17:20My apologies for intruding,

1:17:21but I think Mr. Grinema has shown that the ICC

1:17:24is able to abide by the conditions that are proposed,

1:17:29but I think we need to ensure that those conditions

1:17:31are still imposed on the variance.

1:17:36So you can correct me if I'm wrong,

1:17:37but I'm not sure if those conditions were included

1:17:39in your recommendation.

1:17:41I believe they were.

1:17:42I can restate it though now again.

1:17:46I will try again.

1:17:48I move we approve the application for variances A, B, C, D,

1:17:53E and G.

1:17:55We refuse variance F and we include the conditions

1:17:59as recommended by city staff.

1:18:03And does that expect acceptable member Spears?

1:18:07Yeah, that's fine with me.

1:18:08Good, and I did see Ms. Penser with her hand up early

1:18:15did you need to qualify something there?

1:18:20Is to ensure that the condition was included

1:18:22for the six meter setback.

1:18:25Thanks.

1:18:26It's always good.

1:18:27So thank you for catching that as well.

1:18:31Do we have any further discussion on this motion before us?

1:18:37Seeing none, Mr. Secretary Treasurer,

1:18:40would you do the honors please?

1:18:42Thank you very much, Chair.

1:18:43And through you, committee members,

1:18:44please indicate your vote by responding in favor

1:18:46or opposed to the motion,

1:18:48which is to approve variances A, B, C, D and G,

1:18:55sorry, E and G into refuse variance F

1:18:58with the recommended conditions.

1:19:01Chair Smith.

1:19:03In favor.

1:19:03Member Balaban.

1:19:04In favor.

1:19:05Member Goodfellow.

1:19:06In favor.

1:19:07Member Membranio.

1:19:08In favor.

1:19:09Member Seyer.

1:19:12Oh, sorry, member Seyer has recused themselves.

1:19:14My apologies.

1:19:15Member Siegel.

1:19:16In favor.

1:19:17And member Spears.

1:19:18In favor.

1:19:19That carries, Chair.

1:19:20Your application has been approved.

1:19:23Thank you.

1:19:24Thank you very much.

1:19:32Mr. Secretary Treasurer,

1:19:33do we have another application?

1:19:36Thank you, Chair, and we do.

1:19:37The next application, our file number is B44,

1:19:4224 and then A67, 24 and A68, 24.

1:19:47That is a consent to create one new residential lot

1:19:49with one retained residential lot

1:19:52and related variances to permit garage

1:19:54with area, location, driveway with

1:19:57and required parking space for the proposed

1:19:59and retained lots.

1:20:00And that's located at 301 Suffolk Street West.

1:20:04If you wish to speak to this application,

1:20:05please call the number shown on the screen.

1:20:07The number is 519-822-1260, extension 2524.

1:20:13When your call is received,

1:20:15staff will provide you with instructions

1:20:17on how you can delegate remotely by telephone.

1:20:19This is the final opportunity to call

1:20:21in regarding this application.

1:20:25Welcome, can you state your name

1:20:27and your relationship to the application?

1:20:28Jeff Buseman, agent, applicant for the property owner.

1:20:33Thank you, and can you tell me if the sign

1:20:35was posted as per the Planning Act?

1:20:36Yes, the sign was posted.

1:20:39Thank you.

1:20:40And have you read staff's comments

1:20:42and are you in agreement?

1:20:44Yes, I've read their comments

1:20:45and in agreement with them.

1:20:48Thank you, and as you know, Mr. Buseman,

1:20:50you have 10 minutes to address the committee.

1:20:53Sure, if we could present the sketch.

1:20:55This is on Suffolk Street, which on the west of Edinburgh Road

1:21:00on the north side of the road,

1:21:02an older, smaller home there,

1:21:04and somewhat a good sized lot,

1:21:06and the proposal is to split the lot in half.

1:21:09So each side will be 10.1 meters wide,

1:21:13and the area of each parcel will be 411 square meters.

1:21:19Again, we have a number of variances

1:21:21that are more administrative

1:21:23because of the zoning bylaw that's under,

1:21:25or sections of it that are under appeal,

1:21:28and so those five minor variances have been added.

1:21:32The proposal is to construct a semi-detached dwelling,

1:21:35as you can see on the drawing.

1:21:39The idea is that the front of the semi-detached

1:21:43will be set back, not just six meters,

1:21:45but 8.7 meters so that the front wall

1:21:48is sort of halfway between the homes on either side,

1:21:52and there's a relatively good rear yard

1:21:56set back of 9.4 meters proposed,

1:21:59minimum 7.5 typically.

1:22:02Again, a great infill development opportunity,

1:22:04and staff are supportive of the application.

1:22:09I'd be happy to answer any questions

1:22:10or address any comments or concerns.

1:22:12Thank you.

1:22:14Thank you very much, and committee members,

1:22:17or sorry, excuse me, are there any members of the public

1:22:20who would like to comment on this?

1:22:24Seeing none in the chamber, Mr. Secretary,

1:22:27is there any online?

1:22:29Thank you, Chair, and through you,

1:22:31I can confirm there are no phone in delegates

1:22:33or registered delegates for this application.

1:22:35Thank you, and committee members,

1:22:37do we have any questions of the delegate on this application?

1:22:44Seeing none, what is your wish, committee members?

1:22:54Member Speer.

1:22:55I would move that we accept the application

1:22:58with the conditions recommended by city staff.

1:23:01And do we have a seconder?

1:23:03Member Maliband, and do we have any discussion?

1:23:12Seeing none, Mr. Secretary,

1:23:14treasurer, will you call the vote, please?

1:23:16Thank you very much, Chair, and through you to the committee.

1:23:18Committee members, please indicate your vote

1:23:20by responding in favor or opposed to the motion,

1:23:23which is to approve with the recommended conditions.

1:23:26Chair Smith.

1:23:27In favor, Member Baliband.

1:23:29In favor.

1:23:30Member Goodfellow.

1:23:31In favor.

1:23:32Member Membranio.

1:23:33In favor.

1:23:34Member Sayer.

1:23:36In favor.

1:23:37Member Segal.

1:23:38In favor.

1:23:39And Member Spears.

1:23:40In favor.

1:23:41That carries, Chair, thank you.

1:23:43Your application has been approved.

1:23:45Thank you.

1:23:46Thank you, Mr. Secretary Treasurer,

1:23:54do we have another applicant?

1:23:56Thank you, Chair, and we do indeed.

1:23:58The next application on the agenda is files,

1:24:00file numbers B4524, A6924, and A7024

1:24:07that is consent to create one new residential lot

1:24:10with one retained residential lot

1:24:12and related variances to permit side yard setback,

1:24:15garage width, area and location,

1:24:17and driveway width for proposed separate lot,

1:24:20and related variances to permit reduced front yard setback

1:24:22and permit side yard setback and driveway width

1:24:25for the proposed retained lot.

1:24:27If you would wish to speak to this application,

1:24:29please call the number shown on the screen.

1:24:31That number is 519-822-1260 extension 2524.

1:24:37When your call is received,

1:24:38staff will provide you with instructions

1:24:40on how you can delegate remotely by phone.

1:24:42This is the final opportunity to call in

1:24:44regarding this application.

1:24:47Thank you, and I will note for the record

1:24:49that Member Sears has left the meeting

1:24:52as he has declared a conflict.

1:24:55And welcome back, Mr. Buseman.

1:24:57Can you state your name and your relationship

1:24:59to this application?

1:25:00Jeff Buseman, agent for the property owner.

1:25:04And can you tell me if the sign was posted

1:25:06as for the Planning Act?

1:25:07Yes, it was.

1:25:10Thank you, and you have 10 minutes to address the committee.

1:25:13Okay, thank you if we present the sketch.

1:25:17This property is on Elizabeth Street,

1:25:18on the south side of Elizabeth Street.

1:25:21The proposal is to separate,

1:25:23so we have a nine meter wide lot,

1:25:26and a retained parcel of 11 meters or 11.1.

1:25:32We did some preliminary investigation and surveying

1:25:34to make sure we could make things fit

1:25:36according to the zoning requirements.

1:25:39Of note, there'll be a road widening

1:25:41required across the front,

1:25:43and that's been shown on the drawing

1:25:46in accordance with the city requirements for that widening.

1:25:50One of the aspects of the surveying

1:25:52that we did address is determining

1:25:54the floodplain elevation,

1:25:57that's the value we get from the GRCA,

1:25:59and we surveyed on the ground, so we know where that is.

1:26:02And you can see that we got the house footprint

1:26:05on the higher side of the floodplain,

1:26:07so we're good in that respect.

1:26:12Otherwise, it's a nice infill opportunity,

1:26:16from my history and knowledge of the area,

1:26:18there's quite a few lots in this area

1:26:19that are this kind of narrow,

1:26:22and I think it'll fit in nicely, be interested.

1:26:26And I can, if there's no,

1:26:31any questions or comments from the committee

1:26:33or public, I'd be glad to answer them, thank you.

1:26:37Thank you.

1:26:39Are there any members of the public

1:26:40who would like to speak to this application?

1:26:46I see none in the chamber, Mr. Secretary Treasurer,

1:26:49are there any online?

1:26:51Thank you very much, Chair, and through you,

1:26:52there are no registered delegates

1:26:54or phone-in delegates for this application.

1:26:57Thank you.

1:26:58Committee members, do we have any questions

1:27:00of this delegation for this application?

1:27:06I see none.

1:27:10At that point then, do we have a resolution for this?

1:27:19Member Ballerman.

1:27:23I recommend approval with the recommended staff conditions.

1:27:28Thank you, and do we have a seconder?

1:27:31Member Goodfellow.

1:27:33Is there any discussion on the application before us?

1:27:38Pardon me, the motion before us, not the application.

1:27:43Seeing none, Mr. Secretary Treasurer,

1:27:45can I have you call the vote?

1:27:47Thank you very much, Chair, and through you to the committee.

1:27:49Committee members, please indicate your vote

1:27:51by responding in favor or opposed to the motion,

1:27:54which is to prove with the recommended conditions.

1:27:57Chair Smith.

1:27:58In favor.

1:27:59Member Balaban.

1:27:59In favor.

1:28:00Member Goodfellow.

1:28:01In favor.

1:28:02Member Membranio.

1:28:03In favor.

1:28:04Member Siegel.

1:28:06In favor.

1:28:07And Member Spears.

1:28:08In favor.

1:28:09That carries, Chair.

1:28:11Your application has been approved.

1:28:13Thank you very much.

1:28:14Thank you.

1:28:19I believe that is most of our agenda complete.

1:28:24Is that correct, Mr. Secretary Treasurer?

1:28:27Mr. Chair, we do have one more matter to attend to tonight.

1:28:30There is a fee waiver request before you.

1:28:33That application has come in from 85 Cork Street West,

1:28:36and I believe the applicant Joshua is joining us by video.

1:28:42Is the applicant present?

1:28:53Hello, my name is Stella.

1:28:54I'm representing my husband.

1:28:57He, at the moment, he's not available, so I'm representing him.

1:29:03That's okay.

1:29:05Yes, indeed, absolutely.

1:29:08And I need some guidance here.

1:29:14Do we allow 10 minutes for this as well?

1:29:18Yeah, that's correct, Chair.

1:29:19We can allow 10 minutes.

1:29:20Okay.

1:29:21I have been advised that you do have 10 minutes,

1:29:23so please make as much use of that time

1:29:25as you'd like to make your case.

1:29:32So is it, do I have to explain my case?

1:29:36Is that it?

1:29:39Yes, you can take as much or as little time

1:29:42as you'd like of the 10 minutes.

1:29:45Staff has recommended refusal.

1:29:48Were you aware of that?

1:29:51I am just reading the comment.

1:29:56To be honest, I'm not super knowledgeable for this.

1:30:01I know my husband has been communicating with the city,

1:30:04but our shed is, I think it's a little,

1:30:11it's a six inch to close our neighbor's property line.

1:30:15So we were, we have to apply for minor variance

1:30:20and we're just asking for the waiver

1:30:23for the application fee if that's possible.

1:30:28Our neighbor, we talked to our neighbors

1:30:31and then our neighbor says he's not affected by our shed

1:30:34and he will support our request.

1:30:37Yeah.

1:30:41Okay, well, if you want to wait right there,

1:30:45my colleagues may have some questions for you.

1:30:49Committee members, do we have any questions?

1:30:59I don't see any, but I would like to ask,

1:31:05did, was there an application

1:31:10and did you go through with the application

1:31:12and was it approved?

1:31:14We did have application for the shed, you mean?

1:31:22You said that we were, your shed was six inches

1:31:26too close to the property line.

1:31:28Yes, yeah.

1:31:29And I assume that you came to committee of adjustment

1:31:33and committee of adjustment approved a variance

1:31:37for your shed, is that correct?

1:31:39I don't think we processed application

1:31:41and we wanted to start with the requesting

1:31:46the waiver for the application fee if that's possible.

1:31:52Yeah, it's because it's six inch

1:31:55and in our neighborhood we see,

1:32:00I'm just looking at the email

1:32:02that my husband wrote to the city,

1:32:04but he said,

1:32:07in our property four sheds and view

1:32:09are built on the property line,

1:32:11many of which are obstructive

1:32:13due to the replacement of mine on the Cork Street Hill,

1:32:17it is substantially less obstructive.

1:32:22Okay, just one moment,

1:32:24I'm getting some advice from the secretary, Chair.

1:32:27Thank you, Chair, and through you,

1:32:29I will just clarify, this is a fee waiver request,

1:32:31the applicant has not submitted an application

1:32:34at this point, this is just a matter

1:32:35to potentially waive the applicant's application fee.

1:32:40And if we do so here, the applicant will come forward

1:32:42with their application at a later meeting.

1:32:46Okay, so just to be clear,

1:32:49there will be a later application,

1:32:53but this has been withdrawn by the applicant?

1:32:58Sorry, Chair, and through you, just to clarify,

1:33:01the applicant has yet to apply,

1:33:03any application that comes to the committee of adjustment

1:33:05is required to pay an application fee

1:33:08before they are brought to hearing,

1:33:09that cost does cover the price for the hearing,

1:33:14in this case, because the applicant is wishing to waive the fee

1:33:17or not to pay the fee in this case,

1:33:19we would have to settle this matter

1:33:21before we're able to have an application

1:33:23brought forward to the committee.

1:33:27Okay, committee members, do we have any other questions?

1:33:34Member Goodfellow.

1:33:36Yes, through the chair to the applicant,

1:33:38can you clarify for us whether this was a shed

1:33:43that was constructed by you and your husband

1:33:46after you purchased the property

1:33:48or was this already in its current location

1:33:52when you purchased the property?

1:33:54We'll be able to shed after we purchase the property.

1:33:58Thank you, that's a helpful clarification.

1:34:04Okay, committee members, what is your wish

1:34:07with this request for, yes, Member Bellamond.

1:34:16Thank you, Mr. Chair.

1:34:17I was wondering how big is this shed?

1:34:19Is it like 10 by 10?

1:34:21Is it two by five?

1:34:31I think it's four by six.

1:34:36Yeah, it's pretty small.

1:34:38Okay, thank you.

1:34:48I'm gonna ask a question of staff.

1:34:51How do we get here?

1:34:55I'm a little confused.

1:34:59It sounds like that this is yet to come before us

1:35:05and the applicant is asking for the fee to be withdrawn.

1:35:13And so I'm still really confused.

1:35:17Can staff help me out?

1:35:19Thank you, Chair, and I can handle that question

1:35:22through you to the committee.

1:35:24So the committee of adjustment staff

1:35:27do charge an application fee for any upcoming applications.

1:35:31This applicant has not yet applied for an application

1:35:33to the committee of adjustment.

1:35:35They're asking simply for a fee waiver

1:35:37and if that fee is waived,

1:35:39they'll be able to bring an application forward

1:35:41without having to pay the fee.

1:35:43The penny dropped, thank you, Andrew.

1:35:47Mr. Member Mimbrano.

1:35:52Yes, to staff through the chair,

1:35:59how much is this application fee?

1:36:02Thank you very much, Member Mimbrano,

1:36:03through the chair.

1:36:04An application fee with a committee of adjustment

1:36:06for minor variance is $1,900.

1:36:09Member Balavan.

1:36:10Through you, Mr. Chair,

1:36:12did somebody complain about this shed?

1:36:24Like why are we even entertaining this?

1:36:26Is somebody not happy with its location

1:36:30or what's going on here?

1:36:31Yeah, we got a zoning inspector

1:36:38came to our house saying that somebody reported the shed,

1:36:46which, yeah, so yeah, the inspector

1:36:51ended up coming and measure, yeah,

1:36:54the shed to the property line of our neighbors.

1:36:58Okay, thank you.

1:37:04Okay, committee members, what is our,

1:37:06oh, yes, Member Seyer.

1:37:08Yeah, I was just curious when you built the shed,

1:37:11you said you built it after you purchased the property?

1:37:15Yes, it should be early this year.

1:37:20Early this year, okay.

1:37:22And again, yeah, it seems clear

1:37:28you didn't seek a minor variance at that time.

1:37:30Sorry, you didn't seek a minor variance at that time.

1:37:36Or the shed, you mean?

1:37:37Yeah.

1:37:39Correct.

1:37:40Did you have a building permit for it?

1:37:42We, for the shed?

1:37:43Yeah.

1:37:46My understanding is that you don't need a permit

1:37:50for the shed if it's the right size, right?

1:37:52Yeah, so I think it's the right size.

1:37:54I think my husband missed the information

1:37:59for the distance between the shed

1:38:02and then the property line.

1:38:04Okay, thank you.

1:38:09I'm going to ask staff,

1:38:10is that the case for a small shed?

1:38:13Do you require a building permit?

1:38:14Go ahead, Kelly.

1:38:22Through the chair,

1:38:25exactly, there is a size requirement.

1:38:31I'm sorry, it's escaping me right now.

1:38:35Used to be 10 square feet.

1:38:41Sorry, it's 15 square meters now.

1:38:43That's anything under that,

1:38:44you don't require a building permit.

1:38:51So 15 square meters is about 160-odd square feet,

1:38:56which would be approximately 10 by 16 or smaller.

1:39:03It sounds like this is somewhat less

1:39:06so I can see why a building permit wasn't applied for.

1:39:10Okay.

1:39:12Is there any more comment or questions of this?

1:39:18Member Ballant.

1:39:20I have a suggestion.

1:39:23That maybe you put down some more slabs

1:39:27and slide the shed forward on it

1:39:29instead of spending $1,900 on an application.

1:39:35I mean, this is six inches.

1:39:38Yeah, we thought of moving the whole shed,

1:39:41but there's a concrete build underneath,

1:39:47so it will cause a lot of issues.

1:39:53I'm sorry, I'm so pleased.

1:39:58Just a comment on process.

1:40:00Ordinarily, when we hear these,

1:40:04it's my understanding that somebody comes

1:40:06to the Committee of Adjustment for whatever reason.

1:40:09They've either there's been a complaint or a report

1:40:12or there has been an event

1:40:16that has signaled a requirement

1:40:19to come to Committee of Adjustment.

1:40:21The fees are paid, the presentation is made,

1:40:24we make a decision one way or the other,

1:40:26and then once the dust has settled,

1:40:28the applicant often, not often,

1:40:32but sometimes comes back to the Committee and says,

1:40:37we think of in this case a fee adjustment is required.

1:40:44Is my adult brain working correctly in that instant?

1:40:49Thank you very much, Sharon.

1:40:51You are correct, that is actually a pathway

1:40:53that an applicant could take, that's called a fee refund,

1:40:56but there are two pathways to waive a fee

1:41:00in our fee refund policy.

1:41:01One is a fee waiver that would have to be handled

1:41:03before an application comes to the Committee.

1:41:06A fee refund is when the applicant

1:41:09has paid for the application already

1:41:10and has requested a refund for whatever reason,

1:41:13so there are two different pathways there,

1:41:14and they've chosen the fee waiver

1:41:15as their option to come forward today.

1:41:18Thanks, and just in my five and a half years here,

1:41:21this is the first time I've experienced that,

1:41:24so thank you for that clarification.

1:41:27All right, Committee members, do we have a path forward?

1:41:31Do we want to vote on this one way or the other?

1:41:37Members, peers?

1:41:38Yeah, I'd like to move that we, in fact,

1:41:43refuse this request as suggested by city staff,

1:41:46and I can, I guess I will move that,

1:41:49look for a seconder, and then I have a comment

1:41:50of why I feel that way.

1:41:52Certainly, do we have a seconder?

1:41:54A member, Bell.

1:41:56Are there comments?

1:41:58Members, peers?

1:42:00Yes, and I think this is an interesting experience here,

1:42:04given that we're spending this time as a Committee,

1:42:06as city staff, discussing something

1:42:09that has come to the attention of a bylaw officer

1:42:12who spent a lot of time already.

1:42:14Summons has been issued.

1:42:16A lot of time has been spent, government time,

1:42:18city time, and I think it's, at this point,

1:42:21unreasonable to expect that this should be free

1:42:24and that the ongoing process should not cost anything.

1:42:27That much more money has already been spent than normal.

1:42:31I would support my motion to refuse this request.

1:42:36Thank you. Is there any other discussion?

1:42:38Member Goodfell.

1:42:40So, in a step outside of my usual voting pattern,

1:42:44I'm going to be the dissenting voice here today,

1:42:47and the reason I am going to oppose this motion

1:42:51is to recognize that for some families,

1:42:55$1,900 could actually be a significant amount of money.

1:42:59I think that in my discussions with the community,

1:43:03I think there is a lack of clarity

1:43:06and not that the information isn't available,

1:43:08but sometimes it can be very intimidating

1:43:11to access the information.

1:43:13So, for that reason, I do feel that it's important

1:43:18to occasionally have an opposing voice in these discussions.

1:43:21So, for that reason today, I will be opposing the motion.

1:43:24Thank you.

1:43:25Thank you.

1:43:28Any other comments on the motion before us,

1:43:31before we call the vote?

1:43:35Yes, Member Siegel, sorry.

1:43:39To Member Goodfell's point,

1:43:41I think that the staff were recommending refusal

1:43:44on the basis that there's been no demonstration,

1:43:47it's unreasonable to require the owner to pay.

1:43:50At this point, is it too late to go back and ask

1:43:53the applicant that question of why it's unreasonable

1:43:57for them to pay?

1:43:58I don't think that came through with their email.

1:44:01It's just, yeah, to be honest,

1:44:03it's just too, it's exceeding our current budget.

1:44:11Okay, thank you.

1:44:12It's not affecting our neighbors at all.

1:44:15I don't know if I can say this,

1:44:16but the report got in after we had the building inspection

1:44:22for, so I don't know who exactly reported it, but yeah.

1:44:29Thank you.

1:44:30Thank you.

1:44:36Are there any other comments?

1:44:38I do feel some sympathy for this applicant,

1:44:47but I tend to agree with Member Spears

1:44:51that it would be best if they were to come forward

1:44:57to the committee, make their case after a variance is sought

1:45:05and we make the decision and then to come forward afterwards

1:45:09and make that appeal to the committee.

1:45:12So I will be supporting the motion.

1:45:17Seeing no more discussion,

1:45:19I am going to turn it over to the Secretary-Treasurer.

1:45:24Yeah, thank you very much, Chair,

1:45:25and through you to the committee,

1:45:26committee members, please indicate your vote

1:45:28by sitting in favor or opposed to the motion,

1:45:31which is to refuse the fee waiver application.

1:45:34Chair Smith.

1:45:36In favor.

1:45:37Member Balaban.

1:45:38In favor.

1:45:39Member Goodfellow.

1:45:40Opposed.

1:45:41Member Mbrenio.

1:45:42In favor.

1:45:43Member Seyer.

1:45:46And Member Siegel.

1:45:48Opposed.

1:45:49And Member Spears.

1:45:50In favor.

1:45:52That carries, Chair.

1:45:54Your request has been denied

1:45:56and you're free to leave the meeting.

1:46:00If I can add one more thing,

1:46:02is it possible to apply for change of amount?

1:46:14What my understanding of the process

1:46:16and my experience in similar situations in the past

1:46:20has been that you apply for this,

1:46:26you come before us, we make a decision,

1:46:29and then if you still feel that you are desiring a refund,

1:46:37city staff can look at it and make a recommendation.

1:46:39Sometimes it's for the full fee

1:46:41and sometimes it's for a reduced fee.

1:46:44So that would be my advice,

1:46:46is that you come forward to the committee

1:46:49and then subsequently you'd come back to the committee

1:46:54and ask for a full or a partial refund.

1:47:00I know that's not what you want to hear,

1:47:02but I think given our decision today,

1:47:05that's the best way forward.

1:47:08Thank you.

1:47:11Okay, thank you.

1:47:20Mr. Secretary Treasurer,

1:47:21I think that comes to the end of our agenda, does it not?

1:47:24Do you have any announcements?

1:47:26That's correct, Chair.

1:47:26We just have Chair and staff announcements

1:47:28and staff do have a couple of announcements tonight.

1:47:31So I will note for the committee

1:47:33that the Ontario Land Tribunal has issued a decision

1:47:35regarding the appeal of minor variance file A624

1:47:40for 1888 Gordon Street.

1:47:42This file was refused by the committee

1:47:43at the February 8th, 2024 hearing.

1:47:46The OLT has allowed the appeal

1:47:48and the variances were authorized subject

1:47:50to various conditions.

1:47:53As a second announcement for the committee,

1:47:55the OLT has also scheduled a hearing

1:47:57for October 10th and 11th, 2024,

1:48:00regarding the appeal of the committee's decision

1:48:02to refuse files B26 to 28,

1:48:052024 and A36, 24 to A39, 24 at 34 Ridgeway Avenue.

1:48:12These applications were refused at the June 27th, 2024

1:48:16hearing of the committee of adjustment.

1:48:18Two additional appeals as well, committee,

1:48:21first an appeal to the Ontario Land Tribunal was received

1:48:24regarding the committee's decision to refuse files B34,

1:48:28to be sorry, B32 to B34, 2024 and A40 to A43, 2024

1:48:34for 10 Orchard Crescent at the August 8th, 2024 hearing.

1:48:39Finally, an appeal to the Ontario Land Tribunal

1:48:42was received regarding the committee's decision

1:48:44to defer file A60, 24 for 201 Elmira Road South,

1:48:49also at the August 8th, 2024 hearing.

1:48:52And that does conclude my announcements, Chair.

1:48:55Thank you very much.

1:48:56And if I can just mention,

1:48:59that's a number of Ontario Land Tribunal appeals.

1:49:03And I think it means it's incumbent on us

1:49:06to, in our discussions and how we vote to be,

1:49:12perhaps as not just as clear as possible,

1:49:15but to do our homework.

1:49:18So that given that the Ontario Land Tribunal

1:49:21has overturned the last decision that was appealed,

1:49:26if we are going to be appealed in the future,

1:49:29I think it's a good lesson.

1:49:30So that's the end of my editorializing,

1:49:34but I think it's not that we need to do a better job.

1:49:39I think we do a fabulous job,

1:49:40but we just need to dot our I's and cross our T's

1:49:44a little more thoroughly.

1:49:46So with that, I have no more comments

1:49:49and will entertain a motion to adjourn.

1:49:55Member Maliband seconded by Member Goodfellow.

1:49:59All those in favor?

1:50:01We stand adjourned until October 10.

1:50:07Thank you, committee members.

1:50:08Thank you, staff.